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Issued by the
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
TERRY L. SNYDER,
SUBPOENA IN A CIVIL CASE
V, CASE NUMBER:1 04-970-JJF
CITISTEEL USA INC.,
Mr. James Tobin
T0: 30 N. Rodney Drive
_ Wilmington, DE 19809 _
I] YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below
to testify in the above case. _
PLACE or Tasniviomv COURTROOM
DATE AND TIME
H YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a
deposition in the above case.
PLACE OF DEPOSITION DATE AND TIME
Young, Conaway, Stargatt & Taylor, LLP, 1000 West Street, 17th Floor, P.O. Box 391, Septambe" 5» 2006
wiimmgton, oa 19899-1031 _ at l=00 Pm-
U YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at
the place, date, and time specified below (list documents or objects):
PLACE I DATE AND TIME
I] YOU ARE COMMANDED to permit inspection of the following premises at the date and time s ecified below. _
PREMISES I DATE AND TIME
Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more
officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for
each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure. 30(b)(6).
ISSUING OFFICER SIGNATURE AND TITLE (INDIOATE IF ATTORNEY FOR PLAINTIFF OR DATE
DEFENDANT) {
I
Attorney for Defendant August 15, 2006
ISSUING OFFlCER'S NAME, ADDRESS AND PHONE NUMBER
Margaret M. DiBianca, Esquire, Young Conaway Stargatt & Taylor, LLP, The Brandywine Building, 17"` Floor,
PO Box 391, Wilmington, DE 198994031, 302-571-5008
vm (See Rule 45, Federal Rules of Civil Procedure, Parts C & D on Reverse)
Case 1 :04-cv-00970-JJ F Document 63 Filed 08/17/2006 Page 2 of 3
n P OOF OF SERVICE I I
DATE PLACE
SERVED
8/16/06 30 N. RODNEY DR
WILM. DE
SERVED ON (Print Name) MANNER OF SERVICE
ACCEPTED BY
JAMES TOBIN JAMES TOBIN
SERVED BY (Print Name) TITLE
Private Process Server
DENORRIS BRITT
g I O g I I DE LARA ION OF SER E I g I V I g g M V _
I declare under penalty of perjury under the law of the State of Delaware that the foregoing info tion contained in the Proof of Service is true
and correct.
Executed ODI 8/]6/06 /
SIGNATURE OF SERVER
BRANDYWINE PROCESS SERVERS, LTD.
P. 0. BOX 1360
WILMINGTON, DE 19899-1360
(302) 475 · 2600
Superior Court Civil Rule 45, Parts C, D & E*
(c) Protection of Persons subject to Subpoenas
(1) A party or an attorney responsible for the issuance and (B) Ifa subpoena
service of a subpoena shall take reasonable steps to avoid imposing (i) requires disclosure of a trade secret or other confidential
under burden or expense on a person subject to that subpoena. The research, development, or commercial information, or
Curt shall enforce this duty and impose upon the party or attorney in (ii) requires disclosure of an unretained expert's opinion or
breach of this duty an appropriate sanction, which may include, but is information not describing specific events or occurrences in
not limited to, lost earnings and a reasonable attomey‘s fee. dispute and resulting from the expert's study made not at the
request of any party,
(2)(A) A person commanded to produce and permit inspection
and copying of designated books, papers, documents or tangible things the Court may, to protect a person subject to or affected by the
or inspection of premises need not appear in person at the place of subpoena, quash or modify the subpoena or, if the party in whose behalf
production or inspection unless commanded to appear for deposition, the subpoena is issued shows a substantial need for the testimony or
hearing or trial. material that cannot be otherwise met without undue hardship and
(B) Subject to paragraph (d)(2) of this rule a person assures that the person to whom the subpoena is addressed will be
commanded to produce and permit inspection and copying may, reasonably compensated, the Court may order appearance or production
within I4 days after service ofthe subpoena or before the time only upon specified conditions.
specified for compliance if such time is less than 14 days after
service, serve upon the party or attorney designated in the subpoena (d) Duties in Responding to Subpoena.
written objection to inspection or copying of any or all ofthe
designated materials or ofthe premises. lf objection is made, the (1) A person responding to a subpoena to produce documents
party serving the subpoena shall not be entitled to inspect and copy shall produce them as they are kept in the usual course of business or
the materials or inspect the premises except pursuant to an order of shall organize and label them to correspond with the categories in the
the Court. If objection has been made, the party serving the subpoena demand,
Way, ¤P0¤ notice to lh€ P€YS0¤ commanded to PY0
Df¤d¤<>i10¤ Shall Pl0i€<>Y aoy PWSOH Who i5 Hol H Pafly of all 0l?ll¤€F of the claim shall be made expressly and shall be supported by a description
8 Pafliy from $lg¤lll¤¤¤l €XP€¥l$€ Fcsullmg ffom the l¤$P€¤l10¤ and of the nature of the documents, communications, or things not produced
<>0PYl¤B commanded. that is sufficient to enable the demanding party to contest the claim.
(3)(A) On timely motion, the Court shall quash or modify the (e) Contempt.
subpoena if it
(i) fails to allow reasonable time for Compliance, Failure by any person without adequate excuse to obey a subpoena
(ii) requires disclosure of privileged or other protected served upon that person may be deemed contempt of court.
matter and no exception or waiver applies, or
(iii) subjects a person to undue burden.
Case 1:04-cv-00970-JJF Document 63 Filed 08/17/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on August 17, 2006, 1 electronically tiled a true and correct
copy of the foregoing Subpoena Return of Service with the Clerk of the Court using CM/ECF,
which will send notification that such filing is available for viewing and downloading to the
following counsel of record:
Lori A. Brewington, Esquire
Margolis Edelstein
1509 Gilpin Avenue
Wilmington, DE 19806
YOUNG CONAWAY STARGATT & TAYLOR, LLP
/s/ Margaret M. DiBianca
Sheldon N. Sandler, Esquire (N o. 245)
Margaret M. DiBianca, Esquire (No. 4539)
The Brandywine Building
1000 West Street, 17th Floor
P.O. Box 391
Wilmington, Delaware 19899-0391
Telephone: (302) 571-5008
Facsimile: (302) 576-3476
Email: [email protected]
Attorneys for Defendant
Dated: August 17, 2006
DB02:5472085.l 064632.100z
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